 AN ACT DEFINING AND PENALIZING THE CRIME OF PHOTO AND VIDEO VOYEURISM,

PRESCRIBING PENALTIES THEREFOR, AND FOR OTHER PURPOSES.

 Be it enacted by the Senate and House of Representative of the Philippines in
Congress assembled:

Section 1. Short Title. - This Act shall be

known as the "Anti-Photo and Video
Voyeurism Act of 2009".
Section 2. Declaration of Policy. - The
State values the dignity and privacy of
every human person and guarantees full
respect for human rights. Toward this
end, the State shall penalize acts that
would destroy the honor, dignity and
integrity of a person.
Section 3. Definition of Terms. - For purposes of
this Act, the term
(a) "Broadcast" means to make public, by
any
means, a visual image with the intent that
it be
viewed by a person or persons.
(b) "Capture" with respect to an image,
means to
videotape, photograph, film, record by any
means, or broadcast.
c) "Female breast" means any portion of the
female breast.
 (d) "Photo or video voyeurism" means the act of
 taking photo or video coverage of a person or
 group of persons performing sexual act or any
 similar activity or of capturing an image of the
 private area of a person or persons without the
 latter's consent, under circumstances in which
 such person/s has/have a reasonable expectation
 of privacy, or the act of selling, copying,
 reproducing, broadcasting, sharing, showing or
 exhibiting the photo or video coverage or
 recordings of such sexual act or similar activity
 through VCD/DVD, internet, cellular phones and
 similar means or device without the written
 consent of the person/s involved,
 notwithstanding that consent to record or take
 photo or video coverage of same was given by
 such person's.
e) "Private area of a person" means the naked or
undergarment clad genitals, public area, buttocks
or female breast of an individual.
(f) "Under circumstances in which a person has a
reasonable expectation of privacy" means believe
that he/she could disrobe in privacy, without
being concerned that an image or a private area
of the person was being captured; or
circumstances in which a reasonable person would
believe that a private area of the person would
not be visible to the public, regardless of whether
that person is in a public or private place.
 Section 4. Prohibited Acts. - It is hereby
 prohibited and declared unlawful for any person:
 (a) To take photo or video coverage of a person
 or group of persons performing sexual act or any
 similar activity or to capture an image of the
 private area of a person/s such as the naked or
 undergarment clad genitals, public area, buttocks
 or female breast without the consent of the
 person/s involved and under circumstances in
 which the person/s has/have a reasonable
 expectation of privacy;
(b) To copy or reproduce, or to cause to be
copied
or reproduced, such photo or video or recording
of sexual act or any similar activity with or
without consideration;
(c) To sell or distribute, or cause to be sold or
distributed, such photo or video or recording
of
sexual act, whether it be the original copy or
reproduction thereof; or
(d) To publish or broadcast, or cause to be
published or broadcast, whether in print or
broadcast media, or show or exhibit the photo or
video coverage or recordings of such sexual act or
any similar activity through VCD/DVD, internet,
cellular phones and other similar means or device.
The prohibition under paragraphs (b), (c) and (d) shall apply
notwithstanding that consent to
record or take photo or video coverage of the
same was given by such person/s. Any person who
violates this provision shall be liable for photo or
video voyeurism as defined herein.